DHARAM DAS Vs. STATE OF U. P.

JUDGEMENT

(1.) This Criminal Appeal has been preferred against judgment and order dated 17.11.2011 passed by Additional Sessions Judge, Court No. 3, Kaushambi in Session Trial No. 61 of 2009, Crime No. 277 of 2008, under Sections 498-A/34, 323/34, 326/34, 304-B/34 of Indian Penal Code (hereinafter referred as IPC) and section ? Dowry Prohibition Act (hereinafter referred as D.P. Act), whereby accused-appellant Dharam Das has been convicted under section 498-A, 304-B of IPC and ? of DP Act. He was sentenced to imprisonment for life under Section 304-B IPC, imprisonment for five years along with fine of Rs. 15,000/- under Section 3 of DP Act and two years rigorous imprisonment along with the fine of Rs.1,000/- under Section 4 of DP Act. No sentence was awarded under section 498-A IPC. All the above sentences were to run concurrently. However, co-accused Dharam Veer, Kailasha Devi and Phaguhar were acquitted of all the charges.

(2.) Accused-Appellant Dharam Das is husband of deceased Saroj Devi and their marriage was solemnized on 20.02.2008. After marriage, accused-appellant Dharam Das and his family members used to beat and harass Saroj Devi for dowry. They used to demand a buffalo and cash of Rs. 40,000/-. Whenever deceased used to meet her family members, she used to tell them about the dowry demand and harassment. First informant Veer Singh, who is father of deceased Saroj Devi, tried to make accused-appellant understand but in vain. It is alleged that on 25.09.2008 accused-appellant Dharam Das and his other family members put the deceased Saroj Devi ablaze by pouring kerosene over her and resultantly, she has suffered serious burn injuries. After information, PW-1 Veer Singh and his family members reached there and the deceased was taken to Chayal Primary Health Center and from there she was referred to Swaroop Rani Nehru Hospital, Allahabad and accordingly she was admitted there.

(3.) Pw-1 Veer Singh reported the matter to police by submitting a tehrir exhibit Ka-1 and consequently first information report was registered on 26.09.2008 at 23:30 hours under Section 498-A, 326, 323 of IPC and ? of DP Act vide exhibit ka-8 .